H. B. 2917
(By Delegate Rowe)
[Introduced February 25, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article ten, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to gaming; keeping
or exhibiting gaming table, machine or device; providing for
misdemeanor penalties; prohibiting certain gaming devices or
machines; prohibiting aiding or abetting a person who keeps
or maintains certain gaming devices or machines; prohibiting
persons from knowingly allowing certain gaming devices or
machines to be kept, maintained or used on the property;
creating exceptions; providing for seizure and forfeiture;
establishing felony penalties; and providing for
registration of certain amusement devices which are not
prohibited by this bill.
Be it enacted by the Legislature of West Virginia:
That section one, article ten, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-1. Keeping or exhibiting gaming table, machine, or
device; misdemeanor penalties; seizure and
forfeiture of table, machine, device and money;
aiding or abetting; using premises for gaming;
felony penalties.
(a) Any person who shall keep or exhibit a gaming table,
commonly called A.B.C. or E.O. table, or faro bank, or keno
table, or any slot machine, multiple coin console machine,
multiple coin console slot machine or device in the nature of a
slot machine, or any other gaming table or device of like kind,
under any denomination, or which has no name, whether the game,
table, bank, machine or device be played with cards, dice or
otherwise, or shall be a partner, or concerned in interest, in
keeping or exhibiting such table, bank, machine or gaming device
of any character, shall be guilty of a misdemeanor and, upon
conviction, shall be confined in jail not less than two nor more
than twelve months and be fined not less than one hundred nor
more than one thousand dollars. Any such table, faro bank,
machine or gaming device, and all money staked or exhibited to allure persons to bet at such the table, or upon such gaming
device, may be seized by order of a court, or under the warrant
of a justice magistrate, and the money so seized shall be
forfeited to the county and paid into the treasury of the county
in which such the seizure is made, and the table, faro bank,
machine or gaming device shall be completely destroyed:
Provided, however, That the provisions of this section shall not
extend to coin-operated nonpayout machines with free play feature
or to automatic weighing, measuring, musical and vending machines
which are so constructed as to give a certain uniform and fair
return in value or services for each coin deposited therein and
in which there is no element of chance.
(b) Any person who for hire, gain or reward keeps, maintains
or allows the use of a gaming device or machine which confers or
accumulates the right to replay games which is exchangeable for
money, tokens or other thing of value, other than the privilege
of immediate replay, contains a method or device by which the
privilege of immediate replay may be canceled or revoked, and in
which chance rather than skill primarily determines whether the
player wins or loses is guilty of a felony.
(c) No person may aide or abet a person who for hire, gain
or reward keeps, maintains or allows the use of a gaming device
or machine which confers or accumulates the right to replay games
which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method
or device by which the privilege of immediate replay may be
canceled or revoked, and in which chance rather than skill
primarily determines whether the player wins or loses is guilty
of a felony.
(d) Any person who has control or the right of control over
premises that are used with that person's knowledge for purposes
of keeping, maintaining or allowing the use of a gaming device or
machine which confers or accumulates the right to replay games
which is exchangeable for money, tokens or other thing of value,
other than the privilege of immediate replay, contains a method
or device by which the privilege of immediate replay may be
canceled or revoked, and in which chance rather than skill
primarily determines whether the player wins or loses is guilty
of a felony.
(e) Any person convicted of his or her first violation of
subsection (b),(c) or (d) of this section shall, in the
discretion of the court, either be confined in a county or
regional jail or imprisoned in a state correctional facility for
not less than one nor more than three years. Any person
convicted of second and subsequent violations of subsection
(b),(c) or (d) of this section shall, upon conviction, be
imprisoned in a state correctional facility for not less than two
nor more than ten years.
(f) Any gaming device, other equipment, money or other
things of value possessed or used in violation of the provisions
of subsection (b),(c) or (d) of this section shall be seized and
forfeited to the county in which the seizure was made. Any
property so seized which can be used for a lawful purpose may, at
the discretion of the court, be used by the county or sold and
the proceeds paid into the county treasury. Any property seized
which can not be used for a lawful purpose shall be destroyed.
All gaming devices and other equipment seized shall be stored in
a manner to protect it from damage and loss until such time as a
court of competent jurisdiction shall order its destruction, sale
or return. Any item ordered to be returned shall be promptly
returned at no cost to the lawful owner.
(g) The provisions of subsection (b),(c),(d),(e) and (f) do
not apply to the following:
(1) Playing an amusement device or machine which allows a
player to engage in a game which predominantly requires skill
rather than chance, confers only an immediate right of replay
which is not exchangeable for money or something of value other
than a toy or trinket of nominal or low value, or the privilege
of immediate replay, and which does not contain a method or
device by which the privilege of immediate replay may be canceled
or revoked;
(2) Pari-mutuel system of wagering upon the results of any horse or dog race as authorized by article twenty-three, chapter
nineteen of this code;
(3) The state operated lottery as authorized by article
twenty-two, chapter twenty-nine of this code;
(4) Video lottery games as authorized by article twenty-two-
a, chapter twenty-nine of this code;
(5) Charitable bingo and raffles as authorized by articles
twenty and twenty-one, chapter forty-seven of this code; or
(6) Automatic weighing, measuring, music and vending
machines which are so constructed as to give a certain uniform
and fair return in value or services for each coin deposited
therein and in which there is no element of chance.
(h) The provisions of this article shall be enforced jointly
by the alcoholic beverage control commissioner, the state police,
and county and municipal law enforcement officers.
(i) Every person doing business in this state and owning any
interest in
amusement devices and machines played predominantly
for skill instead of chance as set forth in subsection (g),
subdivision (1) of this section,
or owning an interest in any
firm, corporation or other entity having ownership in those
amusement devices or machines, whether or not licensed to do
business in this state, shall, on or before the first day of
July, one thousand nine hundred ninety-nine and each year
thereafter, report to the alcohol beverage control commissioner, as to each device, the following: (1) Make; (2) model; (3)
serial number; (4) name(s) of owner(s); (5) address(es) of
owner(s); (6) telephone number(s) of owner(s); (7) the name(s) of
the person(s) having the physical possession of the device; (8)
the address(es) and telephone number of the person having the
physical possession of the device; and (9) the physical location
of the device, together with such additional information as the
commissioner may require.
(j) Every person doing business in this state who is in
possession, but not the owner of an
amusement device or machine
played predominantly for skill instead of chance as set forth in
subsection (g), subdivision (1) of this section, shall,
on or
before the first day of July, one thousand nine hundred ninety- nine and each year thereafter, file a report with the alcohol
beverage control commissioner, as to each amusement device or
machine, the following: (1) Make; (2) model; (3) serial number;
(4) name(s) of owner(s); (5) address(es) of owner(s); (6)
telephone number(s) of owner(s); (7) filer's name, address and
telephone number; (8) the physical location of the device,
together with such additional information the commissioner may
require. Any person in possession of such devices shall adhere
a stamp at least three inches by four inches to the device which
is in full view to anyone operating the device, and which clearly
states that it is unlawful to pay out money in exchange for games won on the device.
(k) Any person who knowingly violates the provisions of
subsection (i) or (j) of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than fifty
dollars.
(l) Any person who knowingly violates the provisions of
subsection (i) and (j) of this section for the second or
subsequent offense, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty dollars
and not more than five hundred dollars, or confined in the county
or regional jail not more than six months, or both fined and
imprisoned.
NOTE: The purpose of this bill is to create criminal
penalties for owning or allowing use of certain gaming devices or
machines. The bill also provides for seizure and forfeiture of
money, gaming devices and other equipment used in illegal gaming.
The bill also provides for registration of certain amusement
devices which are not prohibited by this bill.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.